Notice of Action received

[isabel81 0]

Hi, I just filed our I-130 packet and now about two weeks later we received our I-797C Action of Notice (stating that our petition was received). It is being processed at the California Service Center. I am a citizen and my husband is obviously the benefiaciary. So I know I have to wait for something in the mail. I'm assuning instructions with what to do next. My question is what should I expect and roughly how long ( I know it varies)? Also I heard that I can't file the I-485 due to the fact that he is here in the U.S. illegally and entered without inspection. What are our options, if we have any? We have been married for 5 years (have been together for 7 years) and have 4 children together . Currently he is the only one employed, I am a full time student and we are trying to do this without a lawyer, because we obviously can't afford one. Should we expect him to voluntarily leave the counrty anytime soon?? We already have a sponsor for when we have to file the I-864 Affidavit of Sponsor in case someone was wondering. Can someone prepare me for what is to come.

I am so grateful and happy I have found this forum. All input is very much appreciated. Thanks.

[Nik+Heather 121]

Hi. I don't know all the details, but here's what I do know:

If you have filed only an I130, you have NOT applied for adjustment of status (aka green card) you have filed for a visa (that's a document which allows a foreign national to enter the country). I'm not sure if he would be eligible to file for adjustment from within the US (I485 concurrently filed with I130), but you've started a different path already.

Since he entered without inspection, you're in for a buuuummmpy ride. Personally, I'd get a lawyer (a REALLY GOOD ONE), finding the money any way I could, or even borrowing it.

He will have to leave back home for the interview, and he will face a ban for his illegal presence. There is a possibility to apply for a waiver. Check out the waivers section here. Also, check out immigrate2us.net they are a lot more focused on the type of waiver you'll need to submit.

I don't say these things to be mean, but you need to do a lot more research on your situation and what you need to do to continue your efforts to make him legal here. You've taken steps in the right direction.

All the best...